Detention

🍁 In Simple Terms

The first detention review after the new Act came into force for someone who was already detained under the old Act is conducted under the old rules. After that first review, the timing and rules for all subsequent reviews follow the new Act.

Affects: Foreign nationals and permanent residents in Canada

Legal Text — IRPR Regulation 322

(1)322 (1) The first review of reasons, after the coming into force of this section, for the continued detention of a person detained under the former Act shall be made in accordance with the provisions of the former Act.

(2)(2) If the review referred to in subsection (1) was the first review in respect of a person’s detention, the period of detention at the end of which that review was made shall be considered the period referred to in subsection 57(1) of the Immigration and Refugee Protection Act .

(3)(3) If a review of reasons for continued detention follows the review referred to in subsection (1), that review shall be made under the Immigration and Refugee Protection Act .

Cross-References

r. 57

IRPA Authority

IRPA s. 57

In Practice

Related Regulations

r. 57Applicants r. 321Reports r. 325Warrants

Official Source: Justice Canada — IRPR r. 322 (authoritative, may differ from this display)

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IRPR r.321 — Reports

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IRPR r.325 — Warrants